of December 6, 2018 No. 135
About approval of the Regulations on implementation of permanent banking supervision by the National Bank of Ukraine
According to Articles 7, 15, 55 and 56 Laws of Ukraine "About the National Bank of Ukraine", to articles 66 and 67 of the Law of Ukraine "About banks and banking activity", for the purpose of increase in efficiency of implementation by the National Bank of Ukraine of supervision of observance by banks and other faces concerning which the National Bank of Ukraine performs supervising activities, requirements of the bank law, regulatory legal acts of the National Bank of Ukraine, taking into account risks assessment, assistance of banking system stability, depositor protection and creditors of the Board of the National Bank of Ukraine DECIDES: banks
1. Approve Regulations on implementation of permanent banking supervision by the National Bank of Ukraine which are applied.
2. Chapter 5 of the Section I of the Regulations on application of corrective actions by the National Bank of Ukraine approved by the resolution of Board of the National Bank of Ukraine of August 17, 2012 No. 346, registered in the Ministry of Justice of Ukraine on September 17, 2012 for No. 1590/21902 (with changes) to exclude.
3. To department of banking supervision (Degtyarev N. M.) after official publication to inform banks information on adoption of this resolution.
4. To impose control over the implementation of this resolution on the First Deputy Chairman of the National Bank of Ukraine Rozhkova K. V.
Ya. V. Smoly
Approved by the Resolution of Board of the National Bank of Ukraine of December 6, 2018 No. 135
1. This Provision is developed according to articles 7 and 55 of the Law of Ukraine "About the National Bank of Ukraine", to articles 66 and 67 of the Law of Ukraine "About banks and banking activity" (further - the Law on banks), taking into account provisions of the DIRECTIVE 2013/36/EU of the EUROPEAN PARLIAMENT AND COUNCIL of June 26, 2013 about access to activities of credit institutions and prudential supervision of activities of credit institutions and investment companies which make changes to the directive 2002/87/EU and canceling Directives 2006/48/EU and 2006/49/EU (with changes), taking into account the Basic principles of effective banking supervision and recommendations of Basel Committee on Banking Supervision for the purpose of establishment of procedure by the National Bank of Ukraine (further - National Bank) of permanent banking supervision on basis risk - the oriented approach.
2. In this Provision terms are used in such value:
1) permanent supervision - form of implementation by National Bank of supervision of observance by banks, banking groups or other faces which can be objects of supervision of National Bank according to the Law on banks, the bank law, regulatory legal acts of National Bank, the established economic standard rates for the purpose of assistance of banking system stability and depositor protection and creditors of bank;
2) the certificate of results of cameral check of bank (further - the certificate of check) - the official document which is constituted by results of the carried-out cameral inspection of bank in which results of check, the revealed violations by bank of requirements of the bank law, regulatory legal acts of National Bank, information on failure to carry out by bank of the requirements established by National Bank, restrictions concerning activities of bank and/or signs of implementation by bank of risk activities which threaten interests of investors or other creditors of this bank are fixed;
3) cameral check of bank - check which is carried out to time of implementation of permanent banking supervision according to the procedure, established in the Section III of this provision;
4) objects of cameral check - banks, their separate divisions, branches of foreign banks (further - bank).
Other terms which are used in this Provision are used in the values given in the Law on banks and other legal acts of Ukraine, and also regulatory legal acts of National Bank.
3. Permanent banking supervision is exercised by division (divisions) of National Bank to which functions (which) implementation of permanent banking supervision belongs (further - division of banking supervision), according to requirements of the Law of Ukraine "About the National Bank of Ukraine", the Law on banks, this provision, other regulatory legal acts of National Bank, on purpose:
1) assistance of financial stability and banking system stability of Ukraine, depositor protection and other creditors of banks, way:
implementation of the complex and objective analysis of all available information on activities of bank / banking group, including information on the faces tied with bank, information obtained by results of external audit of bank, the statistical/financial reporting provided to National Bank;
evaluating level of risks and quality of risk management, inherent in activities of bank which assumes evaluating business model of bank, level of the organization of corporate management and internal control of bank, capital adequacy of bank and sufficiency of bank liquidity for covering of risks, taking into account the judgment created by results of permanent supervision of bank;
ensuring control of observance of requirements by bank, restrictions concerning its activities set by National Bank;
ensuring timely response to the established violations of requirements of the bank law, regulatory legal acts of National Bank, shortcomings and negative tendencies of activities of bank, including application to bank / to banking group or other faces which can be objects of supervision of National Bank according to the Law on banks of corrective action to adequately committed violation, implementation of risk activities, application by foreign states or interstate associations, or the international organizations of the sanctions against bank or owners of essential participation in bank posing threat to interests of investors or other creditors of bank;
introductions of specific mode of control of activities of bank and appointment of the curator of bank;
2) applications of pro rata approach to supervision which assumes concentration of attention of supervision on big by the size and difficult on structure or more risk banks, considering profile of risk of banks and their main activities;
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